The New York State Senate

                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4509--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2019
                               ___________

Introduced by M. of A. CRESPO, OTIS, DE LA ROSA, BUTTENSCHON, RODRIGUEZ,
  WALLACE,  D'URSO,  PICHARDO,  REYES,  ARROYO,  BRONSON, PHEFFER AMATO,
  ROZIC, SIMOTAS, GRIFFIN, COOK,  COLTON,  ABBATE,  MAGNARELLI,  JOYNER,
  BARNWELL,  SOLAGES,  ORTIZ,  ABINANTI, STECK, SEAWRIGHT, M. G. MILLER,
  MOSLEY, MORINELLO, BENEDETTO, SIMON, STIRPE, RYAN, WOERNER,  JACOBSON,
  NIOU,  ROMEO,  TAYLOR,  JAFFEE,  DICKENS,  LAVINE,  AUBRY, McDONALD --
  Multi-Sponsored by -- M. of A. DenDEKKER, DINOWITZ, ENGLEBRIGHT, PRET-
  LOW, RAMOS -- read once and referred to  the  Committee  on  Labor  --
  reported   and  referred  to  the  Committee  on  Codes  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the labor law and the state finance law, in relation  to
  requiring   the   licensing   of   persons   engaged  in  the  design,
  construction,  inspection,  maintenance,  alteration,  and  repair  of
  elevators  and  other automated people moving devices (Part A); and to
  amend the administrative code of the city of New York, in relation  to
  the  licensing  of approved elevator agency directors, inspectors, and
  technicians performing elevator work in the city of New York;  and  to
  repeal the definition of private elevator inspection agency in section
  28-401.3 of the administrative code of the city of New York (Part B)

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. This act enacts into law legislation providing for elevator
safety. Each component is wholly contained within a Part  identified  as
Parts  A  through  B.  The  effective date for each particular provision
contained within such Part is set forth in  the  last  section  of  such
Part.  Any  provision  in any section contained within a Part, including
the effective date of the Part, which makes reference to a  section  "of
this act", when used in connection with that particular component, shall
be  deemed to mean and refer to the corresponding section of the Part in
which it is found. Section four of  this  act  sets  forth  the  general
effective date of this act.
  §  2.  Legislative  findings  and  declaration. The legislature hereby
finds that the use of unsafe and defective elevators and other automated

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05563-11-9

A. 4509--A                          2

people moving conveyances may expose the public to unsafe conditions and
increase the risk of injury. The legislature finds that improper design,
construction, maintenance and repair of such conveyances is  preventable
by  requiring  proper  training  of  persons employed to perform work on
elevators and other automated people moving conveyances and by requiring
the licensing  of  contractors  and  the  certification  of  individuals
involved  in  elevator  and  other  automated  people moving conveyances
projects.
  Nothing in this act is intended to create,  expand,  diminish,  limit,
impair,  or supersede any rights under current law, rule, or regulation,
or resulting from a determination of  a  court  or  the  national  labor
relations  board  with  regard  to  building trades and the work of such
building trade. Nor is it intended to  abrogate  any  rights  or  duties
under  any  contract with regard to building trades and the work of such
building trade.

                                 PART A

  Section 1. The labor law is amended by adding a new article 33 to read
as follows:
                               ARTICLE 33
               ELEVATORS AND OTHER CONVEYANCES; LICENSING
SECTION 950. APPLICATION.
        951. DEFINITIONS.
        952. LICENSING, PERMIT,  REGISTRATION  AND  COMPLIANCE  REQUIRE-
               MENTS.
        953. LICENSE AND PERMIT PROCEDURE.
        954. QUALIFICATIONS, TRAINING AND CONTINUING EDUCATION.
        955. POWERS OF THE COMMISSIONER.
        956. NEW YORK STATE ELEVATOR SAFETY AND STANDARDS BOARD.
        957. EXEMPT PERSONS.
  §  950.  APPLICATION. 1. THE DESIGN, CONSTRUCTION, ERECTION, INSTALLA-
TION, INSPECTION, TESTING, MAINTENANCE, ALTERATION, SERVICE, AND  REPAIR
OF THE FOLLOWING EQUIPMENT ARE COVERED BY THIS ARTICLE:
  (A)  HOISTING  AND LOWERING MECHANISMS EQUIPPED WITH A CAR OR PLATFORM
WHICH MOVES BETWEEN TWO OR MORE LANDINGS. THIS EQUIPMENT  INCLUDES,  BUT
IS NOT LIMITED TO ELEVATORS, PLATFORM LIFTS AND NON-RESIDENTIAL STAIRWAY
CHAIR LIFTS;
  (B)  POWER  DRIVEN STAIRWAYS AND WALKWAYS FOR CARRYING PERSONS BETWEEN
LANDINGS.  THIS EQUIPMENT INCLUDES, BUT IS NOT  LIMITED  TO,  ESCALATORS
AND MOVING WALKS;
  (C) HOISTING AND LOWERING MECHANISMS EQUIPPED WITH A CAR, WHICH SERVES
TWO  OR  MORE  LANDINGS AND IS RESTRICTED TO THE CARRYING OF MATERIAL BY
ITS LIMITED SIZE OR LIMITED ACCESS TO THE CAR. THIS EQUIPMENT  INCLUDES,
BUT IS NOT LIMITED TO, DUMBWAITERS, MATERIAL LIFTS, AND DUMBWAITERS WITH
AUTOMATIC  TRANSFER DEVICES AS DEFINED IN SECTION NINE HUNDRED FIFTY-ONE
OF THIS ARTICLE; AND
  (D) AUTOMATIC GUIDED TRANSIT VEHICLES ON GUIDEWAYS WITH  AN  EXCLUSIVE
RIGHT  OF  WAY.   THIS EQUIPMENTS INCLUDES, BUT IS NOT LIMITED TO, AUTO-
MATED PEOPLE MOVERS.
  2. THE FOLLOWING EQUIPMENT IS NOT COVERED BY THIS ARTICLE:
  (A) PERSONNEL AND MATERIAL HOISTS;
  (B) MANLIFTS;
  (C) MOBILE SCAFFOLDS, TOWERS, AND PLATFORMS;
  (D) POWERED PLATFORMS AND EQUIPMENT FOR EXTERIOR AND INTERIOR  MAINTE-
NANCE;

A. 4509--A                          3

  (E) CONVEYOR AND RELATED EQUIPMENT;
  (F) CRANES, DERRICKS, HOISTS, HOOKS, JACKS AND SLINGS;
  (G) INDUSTRIAL TRUCKS;
  (H) PORTABLE  EQUIPMENT, EXCEPT FOR PORTABLE ESCALATORS;
  (I)  TIERING  AND  PILING  MACHINES USED TO MOVE MATERIALS TO AND FROM
STORAGE LOCATED AND OPERATING ENTIRELY WITHIN ONE STORY;
  (J) EQUIPMENT FOR FEEDING OR POSITIONING MATERIALS INCLUDING, BUT  NOT
LIMITED TO, MACHINE TOOLS AND PRINTING PRESSES;
  (K) SKIP OR FURNACE HOISTS;
  (L) WHARF RAMPS;
  (M) RAILROAD CAR LIFTS OR DUMPERS;
  (N) STAIRWAY CHAIRLIFTS FOR PRIVATE RESIDENCES;
  (O)  LINE  JACKS,  FALSE  CARS, SHAFTERS, MOVING PLATFORMS AND SIMILAR
EQUIPMENT USED FOR INSTALLING AN ELEVATOR BY A  CONTRACTOR  LICENSED  IN
THIS STATE;
  (P) OPERATION OF INSIDE CARS (ELEVATORS); AND
  (Q) OPERATION OF AN ELEVATOR THAT HAS RECEIVED A TEMPORARY CERTIFICATE
OF OCCUPANCY.
  3.  THE  LICENSING,  PERMITTING  AND  CERTIFICATION PROVISIONS OF THIS
ARTICLE SHALL NOT APPLY TO THE OWNERS OR LESSEES OF  PRIVATE  RESIDENCES
WHO  DESIGN,  ERECT, CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE OR MAIN-
TAIN CONVEYANCES THAT ARE LOCATED OR WILL BE LOCATED IN  SUCH  OWNER  OR
LESSEE'S  PRIVATE RESIDENCE. HOWEVER, ANY PERSON HIRED TO DESIGN, ERECT,
CONSTRUCT, INSTALL, ALTER, REPAIR, SERVICE,  MAINTAIN,  OR  PERFORM  ANY
OTHER  WORK  RELATED TO SUCH CONVEYANCES MUST COMPLY WITH THE PROVISIONS
OF THIS ARTICLE.
  4. NO LICENSE SHALL BE REQUIRED FOR  THE  REMOVAL  OR  DISMANTLING  OF
CONVEYANCES.
  5. THE PROVISIONS OF THIS ARTICLE AND THE RULES ADOPTED PURSUANT THER-
ETO  SHALL  BE  THE  MINIMUM  STANDARD  REQUIRED AND SHALL SUPERSEDE ANY
SPECIAL LAW OR LOCAL ORDINANCE  INCONSISTENT  THEREWITH,  AND  NO  LOCAL
ORDINANCE  INCONSISTENT  THEREWITH  SHALL BE ADOPTED, BUT NOTHING HEREIN
CONTAINED SHALL PREVENT THE ENACTMENT BY LOCAL LAW OR ORDINANCE OF ADDI-
TIONAL REQUIREMENTS AND RESTRICTIONS.
  6. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO CITIES  HAVING  A
POPULATION OF ONE MILLION OR MORE.
  § 951. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING DEFINITIONS:
  1.  "AUTOMATED  PEOPLE  MOVER"  MEANS A GUIDED TRANSIT MODE WITH FULLY
AUTOMATED OPERATION, FEATURING VEHICLES THAT OPERATE ON  GUIDEWAYS  WITH
EXCLUSIVE RIGHT-OF-WAY.
  2.  "BOARD"  MEANS  THE  NEW  YORK STATE ELEVATOR SAFETY AND STANDARDS
BOARD ESTABLISHED BY SECTION NINE HUNDRED FIFTY-SIX OF THIS ARTICLE.
  3. "CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY  THE  COMMIS-
SIONER  THAT  INDICATES  THAT THE ELEVATOR OR RELATED CONVEYANCE HAS HAD
THE REQUIRED SAFETY INSPECTION AND TESTS AND THAT THE FEES  REQUIRED  BY
THIS ARTICLE HAVE BEEN PAID.
  4. "TEMPORARY CERTIFICATE OF OPERATION" MEANS A DOCUMENT ISSUED BY THE
COMMISSIONER WHICH PERMITS THE TEMPORARY USE OF A NON-COMPLIANT ELEVATOR
OR  RELATED  CONVEYANCE BY THE GENERAL PUBLIC FOR A LIMITED TIME, NOT TO
EXCEED THIRTY DAYS, WHILE MINOR REPAIRS ARE BEING COMPLETED.
  5. "CONVEYANCE" MEANS  ANY  ELEVATOR,  DUMBWAITER,  ESCALATOR,  MOVING
SIDEWALK,  PLATFORM LIFTS, NON-RESIDENTIAL STAIRWAY CHAIRLIFTS AND AUTO-
MATED PEOPLE MOVERS.
  6. "DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS AN  INSTALLATION
PLACED  OUT  OF  SERVICE  UNDER THE FOLLOWING CIRCUMSTANCES: (A) WHEN AN

A. 4509--A                          4

INSTALLATION'S POWER HAS BEEN DISCONNECTED  AND  (I)  WHEN  AN  ELECTRIC
ELEVATOR,  DUMBWAITER, OR MATERIAL LIFT WHOSE SUSPENSION ROPES HAVE BEEN
REMOVED, WHOSE CAR AND COUNTERWEIGHT REST AT THE BOTTOM OF THE HOISTWAY,
AND  WHOSE  HOISTWAY DOORS HAVE BEEN PERMANENTLY BARRICADED OR SEALED IN
THE CLOSED POSITION ON THE HOISTWAY SIDE; OR (II) A HYDRAULIC  ELEVATOR,
DUMBWAITER, OR MATERIAL LIFT WHOSE CAR RESTS AT THE BOTTOM OF THE HOIST-
WAY  AND  WHOSE  DOORS ARE PERMANENTLY BARRICADED OR SEALED; OR (III) AN
ESCALATOR OR MOVING WALK WHOSE ENTRANCES HAVE BEEN PERMANENTLY BARRICAD-
ED; OR (B) AS DETERMINED BY STATE OR LOCAL LAW,  CODE,  RULE,  OR  REGU-
LATIONS.
  7. "ELEVATOR" MEANS A HOISTING AND LOWERING MECHANISM, EQUIPPED WITH A
CAR, THAT MOVES WITHIN GUIDES AND SERVES TWO OR MORE LANDINGS.
  8. "ELEVATOR CONTRACTOR" MEANS, A PUBLIC CORPORATION, OR INSTRUMENTAL-
ITY  OF  A PUBLIC CORPORATION, SELF-EMPLOYED PERSON, COMPANY, UNINCORPO-
RATED ASSOCIATION, FIRM, PARTNERSHIP, LIMITED LIABILITY COMPANY,  CORPO-
RATION,  OR  ANY  OTHER  ENTITY,  OR ANY OWNER OR OPERATOR OF ANY OF THE
FOREGOING ENTITIES, WHO POSSESSES AN ELEVATOR  CONTRACTOR'S  LICENSE  IN
ACCORDANCE  WITH  THE  PROVISIONS OF SECTIONS NINE HUNDRED FIFTY-TWO AND
NINE HUNDRED FIFTY-THREE OF THIS ARTICLE AND IS ENGAGED IN THE  BUSINESS
OF  DESIGNING,  ERECTING, CONSTRUCTING, INSTALLING, ALTERING, REPAIRING,
SERVICING OR MAINTAINING ELEVATORS  OR  OTHER  AUTOMATED  PEOPLE  MOVING
CONVEYANCES COVERED BY THIS ARTICLE.
  9.  "ELEVATOR  HELPER/APPRENTICE/ASSISTANT  MECHANIC" MEANS ANY PERSON
WHO WORKS UNDER THE GENERAL DIRECTION OF A LICENSED ELEVATOR MECHANIC.
  10. "ELEVATOR INSPECTOR" MEANS ANY PERSON WHO  POSSESSES  AN  ELEVATOR
INSPECTOR'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  11.  "ELEVATOR  MECHANIC"  MEANS  ANY PERSON WHO POSSESSES AN ELEVATOR
MECHANIC'S LICENSE IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  12. "ESCALATOR" MEANS POWER-DRIVEN, INCLINED, CONTINUOUS STAIRWAY USED
FOR RAISING OR LOWERING PASSENGERS.
  13. "EXISTING  INSTALLATION"  MEANS  AN  INSTALLATION  THAT  HAS  BEEN
COMPLETED  OR  IS UNDER CONSTRUCTION PRIOR TO THE EFFECTIVE DATE OF THIS
ARTICLE.
  14. "LICENSE" MEANS A LICENSE DULY ISSUED BY THE COMMISSIONER, AUTHOR-
IZING THE  DESIGN,  ERECTION,  CONSTRUCTION,  INSTALLATION,  ALTERATION,
REPAIR,  SERVICE,  MAINTENANCE,  OR  INSPECTION  OF  ELEVATORS  OR OTHER
CONVEYANCES COVERED BY THIS ARTICLE.
  15. "ELEVATOR CONTRACTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES THE
HOLDER THEREOF  TO  ENGAGE  IN  THE  BUSINESS  OF  DESIGNING,  ERECTING,
CONSTRUCTING,  INSTALLING, ALTERING, REPAIRING, SERVICING OR MAINTAINING
CONVEYANCES COVERED BY THIS ARTICLE.
  16. "ELEVATOR INSPECTOR'S LICENSE" MEANS A LICENSE WHICH ENTITLES  THE
HOLDER  THEREOF  TO  ENGAGE  IN  THE  BUSINESS  OF INSPECTING OR TESTING
CONVEYANCES COVERED BY THIS ARTICLE.
  17. "ELEVATOR MECHANIC'S LICENSE" MEANS A LICENSE WHICH  ENTITLES  THE
HOLDER  THEREOF  TO  INSTALL,  CONSTRUCT,  ALTER, SERVICE, REPAIR, TEST,
MAINTAIN, AND PERFORM WORK ON  CONVEYANCES  OR  OTHER  AUTOMATED  PEOPLE
MOVERS COVERED BY THIS ARTICLE.
  18.  "MOVING  WALK/SIDEWALK" MEANS A TYPE OF PASSENGER-CARRYING DEVICE
ON WHICH PASSENGERS STAND OR WALK, AND IN WHICH  THE  PASSENGER-CARRYING
SURFACE  REMAINS  PARALLEL  TO  ITS  DIRECTION OF MOTION AND IS UNINTER-
RUPTED.
  19. "PERMIT" MEANS A DOCUMENT ISSUED BY THE COMMISSIONER PRIOR TO  THE
COMMENCEMENT   OF   WORK  THAT  PERMITS  A  CONVEYANCE  TO  BE  ERECTED,
CONSTRUCTED, INSTALLED, OR ALTERED UNDER PLANS APPROVED BY  THE  COMMIS-
SIONER PURSUANT TO THIS ARTICLE.

A. 4509--A                          5

  20. "PERSON" MEANS ANY NATURAL PERSON.
  21. "PRIVATE RESIDENCE" MEANS A SEPARATE DWELLING OR A SEPARATE APART-
MENT  IN  A  MULTIPLE DWELLING, WHICH IS OCCUPIED BY MEMBERS OF A SINGLE
FAMILY UNIT.
  22. "REPAIR" MEANS RECONDITIONING OR  RENEWAL  OF  PARTS,  COMPONENTS,
AND/OR  SUBSYSTEMS NECESSARY TO KEEP EQUIPMENT IN COMPLIANCE WITH APPLI-
CABLE CODE REQUIREMENTS.
  23. "ALTERATION" MEANS ANY CHANGE TO EQUIPMENT, INCLUDING  ITS  PARTS,
COMPONENTS,  AND/OR  SUBSYSTEMS,  OTHER  THAN  MAINTENANCE,  REPAIR,  OR
REPLACEMENT, BUT SHALL NOT INCLUDE THE PROFESSIONAL  SERVICES  OF  ENGI-
NEERING  OR  ARCHITECTURE AS DEFINED IN SECTIONS SEVENTY-TWO HUNDRED ONE
AND SEVENTY-THREE HUNDRED ONE OF THE EDUCATION LAW.
  24. "DESIGN" MEANS THE ACT OR PROCESS OF PLANNING THE  REPAIR,  ALTER-
ATION  OR  CONSTRUCTION  OF  ANY  CONVEYANCE,  BUT SHALL NOT INCLUDE THE
PROFESSIONAL SERVICES OF  ENGINEERING  OR  ARCHITECTURE  AS  DEFINED  IN
SECTIONS  SEVENTY-TWO  HUNDRED  ONE AND SEVENTY-THREE HUNDRED ONE OF THE
EDUCATION LAW.
  25. "CONSTRUCTION" MEANS  THE  ACT  OR  PROCESS  OF  CONSTRUCTING  ANY
CONVEYANCE.
  26.  "INSPECTION"  MEANS A CRITICAL EXAMINATION, OBSERVATION OR EVALU-
ATION OF QUALITY AND CODE COMPLIANCE OF ANY CONVEYANCE.
  27. "TESTING" MEANS A PROCESS OR TRIAL OF OPERATION OF ANY CONVEYANCE.
  28. "MAINTENANCE" MEANS A PROCESS OF ROUTINE EXAMINATION, LUBRICATION,
CLEANING, AND ADJUSTMENT OF PARTS, COMPONENTS, AND/OR SUBSYSTEMS FOR THE
PURPOSE OF ENSURING PERFORMANCE IN ACCORDANCE WITH ANY  APPLICABLE  CODE
REQUIREMENTS.
  29.  "SERVICE  OR SERVICING" MEANS A SERVICE CALL OR OTHER UNSCHEDULED
VISIT, NOT INCLUDING ROUTINE MAINTENANCE OR A REPAIR,  FROM  A  LICENSED
ELEVATOR  MECHANIC TO TROUBLESHOOT, ADJUST OR REPAIR AN IMPROPERLY FUNC-
TIONING OR AN OTHERWISE SHUT DOWN CONVEYANCE.
  30. "TEMPORARILY DORMANT ELEVATOR, DUMBWAITER, OR ESCALATOR" MEANS  AN
INSTALLATION  TEMPORARILY  PLACED  OUT  OF  SERVICE  UNDER THE FOLLOWING
CIRCUMSTANCES: (A) (I) WHEN SUCH INSTALLATION'S POWER  SUPPLY  HAS  BEEN
DISCONNECTED;  AND  (II)  THE CAR IS PARKED AND ANY DOORS ARE CLOSED AND
LATCHED; AND (III) A WIRE SEAL IS INSTALLED ON THE  MAINLINE  DISCONNECT
SWITCH  BY  A LICENSED ELEVATOR INSPECTOR; OR (B) AS DETERMINED BY STATE
OR LOCAL LAW, CODE, RULE, OR REGULATION.
  31. "ERECT" MEANS TO VERTICALLY CONSTRUCT OR CONNECT ANY CONVEYANCE OR
PART OR SYSTEM THEREOF.
  32. "PERSONNEL AND MATERIAL HOISTS"  MEANS  RACK  AND  PINION  HOISTS,
ALIMAKS  AND  MACHINES  OF  A  SIMILAR  NATURE  USED FOR THE HOISTING OF
CONSTRUCTION MATERIAL,  EQUIPMENT  AND  PERSONNEL,  OR  THE  REMOVAL  OF
DEBRIS,  ALL DURING THE CONSTRUCTION, RENOVATION AND/OR DEMOLITION PHASE
OF ANY CONSTRUCTION PROJECT WHETHER AN INSIDE OR OUTSIDE HOIST.
  33. "INSTALLATION" MEANS TO PLACE OR FIX ANY  CONVEYANCE  OR  PART  OR
SYSTEM THEREOF, IN POSITION FOR OPERATION.
  TEMPORARILY DORMANT INSTALLATIONS SHALL NOT BE USED UNTIL SUCH INSTAL-
LATION  HAS  BEEN  RESTORED  TO A SAFE RUNNING ORDER AND IS IN CONDITION
SUITABLE FOR USE IN ACCORDANCE WITH ALL APPLICABLE  LAWS,  CODES,  RULES
AND  REGULATIONS. SUCH TEMPORARILY DORMANT INSTALLATION SHALL BE SUBJECT
TO CONTINUED INSPECTIONS FOR THE DURATION OF THE  "TEMPORARILY  DORMANT"
STATUS  BY  A  LICENSED  ELEVATOR INSPECTOR. SUCH INSPECTOR SHALL FILE A
REPORT WITH THE COMMISSIONER DESCRIBING THE CONDITIONS OF SUCH TEMPORAR-
ILY DORMANT INSTALLATION. THE REPORT SHALL BE FILED ANNUALLY OR MORE  OR
LESS  FREQUENT  AS DETERMINED BY THE COMMISSIONER. "TEMPORARILY DORMANT"

A. 4509--A                          6

STATUS SHALL BE RENEWABLE ON AN ANNUAL BASIS, BUT  SHALL  NOT  EXCEED  A
FIVE-YEAR PERIOD.
  NO PERSON SHALL REMOVE THE WIRE SEAL AND PADLOCK FOR ANY PURPOSE WITH-
OUT THE EXPRESS PERMISSION OF THE ELEVATOR INSPECTOR.
  § 952. LICENSING, PERMIT, REGISTRATION AND COMPLIANCE REQUIREMENTS. 1.
EXCEPT  AS  OTHERWISE  PROVIDED  FOR  IN  SUBDIVISIONS THREE AND FOUR OF
SECTION NINE HUNDRED FIFTY OF THIS ARTICLE, IT SHALL BE A  VIOLATION  OF
THIS  ARTICLE  FOR  ANY ELEVATOR CONTRACTOR TO DESIGN, ERECT, CONSTRUCT,
INSTALL, ALTER, REPLACE, SERVICE, OR MAINTAIN, ANY CONVEYANCE  CONTAINED
WITHIN  BUILDINGS  OR  STRUCTURES  IN  THIS  STATE  UNLESS SUCH ELEVATOR
CONTRACTOR HOLDS AN ELEVATOR CONTRACTOR'S LICENSE.
  2. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR  OF
SECTION  NINE  HUNDRED FIFTY OF THIS ARTICLE, IT SHALL BE A VIOLATION OF
THIS ARTICLE FOR ANY PERSON TO WIRE ANY CONVEYANCE,  FROM  THE  MAINLINE
FEEDER TERMINALS ON THE CONTROLLER, IN THIS STATE UNLESS SUCH PERSON HAS
AN  ELEVATOR  MECHANIC'S  LICENSE AND IS WORKING UNDER THE DIRECT SUPER-
VISION OF A LICENSED ELEVATOR CONTRACTOR PURSUANT TO  THIS  ARTICLE.  NO
OTHER  LICENSE  SHALL BE REQUIRED FOR THIS WORK, EXCLUDING THE INSTALLA-
TION OF BRANCH CIRCUITS AND WIRING TERMINATIONS FOR MACHINE ROOM AND PIT
LIGHTING, RECEPTACLES AND HVAC AS DESCRIBED IN THE NFPA  NATIONAL  ELEC-
TRIC  CODE  620.23  AND  620.24  AS  WELL AS FIRE AND HEAT DETECTORS AND
ALARMS, MAY BE PERFORMED BY A LICENSED ELECTRICAL CONTRACTOR.
  3. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISION  THREE  OF  SECTION
NINE  HUNDRED  FIFTY  OF  THIS  ARTICLE, IT SHALL BE A VIOLATION OF THIS
ARTICLE FOR ANY PERSON TO INSPECT OR TEST ANY CONVEYANCE  WITHIN  BUILD-
INGS  OR  STRUCTURES  UNLESS  SUCH  PERSON HOLDS AN ELEVATOR INSPECTOR'S
LICENSE.
  4. EXCEPT AS OTHERWISE PROVIDED FOR IN SUBDIVISIONS THREE AND FOUR  OF
SECTION  NINE  HUNDRED FIFTY OF THIS ARTICLE, IT SHALL BE A VIOLATION OF
THIS ARTICLE FOR ANY ELEVATOR CONTRACTOR TO ERECT,  CONSTRUCT,  INSTALL,
OR  ALTER  CONVEYANCES  WITHIN BUILDINGS OR STRUCTURES WITHIN THIS STATE
UNLESS A PERMIT THEREFOR HAS BEEN ISSUED BY THE COMMISSIONER BEFORE WORK
IS COMMENCED. NO PERMIT SHALL BE ISSUED EXCEPT TO  A  PERSON  HOLDING  A
VALID ELEVATOR CONTRACTOR'S LICENSE. A COPY OF SUCH PERMIT SHALL BE KEPT
AT  THE CONSTRUCTION SITE AT ALL TIMES WHILE THE WORK IS IN PROGRESS. AN
APPLICATION FOR A PERMIT UNDER THIS SECTION WITH THE COMMISSIONER  SHALL
NOT  BE  REQUIRED  IF AN AUTHORITY HAVING JURISDICTION ("AHJ") POSTS ALL
PERMITS ISSUED TO ELEVATOR CONTRACTORS ON  THE  AHJ'S  OFFICIAL  WEBSITE
WITHIN  FORTY-EIGHT HOURS OF THEIR ISSUANCE. THE INFORMATION REQUIRED TO
BE PUBLISHED MUST INCLUDE, AT A MINIMUM, THE DATE OF ISSUANCE, THE  WORK
COVERED  BY  THE PERMIT, THE ELEVATOR CONTRACTOR OR CONTRACTORS INVOLVED
AND LOCATION AND TYPE OF WORK TO BE PERFORMED.
  5. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF  SECTION  NINE
HUNDRED FIFTY OF THIS ARTICLE, ALL NEW CONVEYANCE INSTALLATIONS SHALL BE
PERFORMED BY AN ELEVATOR CONTRACTOR LICENSED TO INSTALL SUCH CONVEYANCE.
SUBSEQUENT TO INSTALLATION, THE ELEVATOR CONTRACTOR MUST CERTIFY COMPLI-
ANCE TO THE COMMISSIONER WITH THE APPLICABLE SECTIONS OF THIS ARTICLE AS
WELL  AS  ANY  OTHER APPLICABLE LAW, RULE, REGULATION OR CODE.  PRIOR TO
SUCH CONVEYANCES BEING USED, THE PROPERTY OWNER OR LESSEE MUST OBTAIN  A
CERTIFICATE  OF  OPERATION FROM THE COMMISSIONER. A FEE, AS SET FORTH IN
THIS ARTICLE, SHALL BE PAID FOR SUCH CERTIFICATE OF OPERATION,  HOWEVER,
NO  SUCH FEE SHALL BE REQUIRED FOR CONVEYANCES IN PRIVATE RESIDENCES. IT
IS THE RESPONSIBILITY OF THE LICENSED ELEVATOR  CONTRACTOR  TO  COMPLETE
AND SUBMIT REGISTRATIONS FOR NEW INSTALLATIONS.  A CERTIFICATE OF OPERA-
TION  SHALL  BE  VALID  FOR ONE YEAR, EXCEPT FOR CERTIFICATES ISSUED FOR
PLATFORM LIFTS FOR PRIVATE RESIDENCES, WHICH SHALL BE VALID FOR A PERIOD

A. 4509--A                          7

OF THREE YEARS. CERTIFICATES OF OPERATION MUST BE CLEARLY AND  CONSPICU-
OUSLY  DISPLAYED  ON,  IN OR AROUND EACH CONVEYANCE AND BE ACCESSIBLE TO
THE STATE OR LOCALITY INSPECTING OR ENFORCING ANY APPLICABLE LAW,  RULE,
REGULATION  OR CODE. AN APPLICATION FOR A CERTIFICATE OF OPERATION UNDER
THIS SECTION WITH THE COMMISSIONER SHALL NOT BE REQUIRED IF AN AUTHORITY
HAVING JURISDICTION ("AHJ") POSTS ALL CERTIFICATES OF  OPERATION  ISSUED
TO  A  BUILDING  OWNER  ON THE AHJ'S OFFICIAL WEBSITE WITHIN FORTY-EIGHT
HOURS OF THEIR ISSUANCE. THE INFORMATION REQUIRED TO BE  PUBLISHED  MUST
INCLUDE,  AT  A  MINIMUM,  THE DATE OF ISSUANCE, THE UNIT SUBJECT TO THE
CERTIFICATE OF OPERATION, THE NAME AND ADDRESS OF  THE  BUILDING  OWNER,
AND THE ADDRESS OF THE UNIT.
  6.  EXCEPT  AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF SECTION NINE
HUNDRED FIFTY OF THIS ARTICLE, THE CERTIFICATE OF  OPERATION  FOR  NEWLY
INSTALLED  PLATFORM  LIFTS  FOR  PRIVATE RESIDENCES SHALL BE ISSUED ONLY
SUBSEQUENT TO AN INSPECTION BY A LICENSED THIRD PARTY  INSPECTION  FIRM.
THE CERTIFICATE OF OPERATION FEE FOR ALL NEW AND EXISTING PLATFORM LIFTS
FOR  PRIVATE  RESIDENCES  AND  ANY  RENEWAL  CERTIFICATE FEES ARE HEREBY
WAIVED. THE INSPECTION OF PRIVATE RESIDENCE PLATFORM LIFTS SHALL BE DONE
AT THE REQUEST AND CONSENT OF THE PRIVATE RESIDENCE'S OWNER OR LESSEES.
  7. IT SHALL BE THE RESPONSIBILITY OF  LICENSEES  TO  ENSURE  THAT  THE
INSTALLATION,  SERVICE  OR  MAINTENANCE  OF  CONVEYANCES IS PERFORMED IN
COMPLIANCE WITH EXISTING STATE AND LOCAL BUILDING AND MAINTENANCE CODES.
  § 953. LICENSE AND PERMIT PROCEDURE.  ALL  APPLICATIONS  FOR  ELEVATOR
CONTRACTOR'S, ELEVATOR MECHANIC'S, AND ELEVATOR INSPECTOR'S LICENSES AND
REQUIRED  PERMITS  SHALL  BE  SUBMITTED  TO THE DEPARTMENT IN WRITING ON
FORMS FURNISHED BY THE COMMISSIONER AND SHALL  CONTAIN  THE  INFORMATION
SET FORTH IN THIS SECTION AS WELL AS ANY ADDITIONAL INFORMATION THAT THE
COMMISSIONER  MAY  REQUIRE.  THE  COMMISSIONER  SHALL  ALSO SET FEES FOR
LICENSING AND PERMITTING UNDER THIS SECTION.
  1. APPLICATIONS FOR LICENSES. EVERY APPLICATION FOR  A  LICENSE  UNDER
THIS ARTICLE SHALL INCLUDE THE FOLLOWING:
  (A) THE NAME, RESIDENCE ADDRESS AND BUSINESS ADDRESS OF THE APPLICANT;
  (B)  THE  NUMBER OF YEARS THE APPLICANT HAS ENGAGED IN THE BUSINESS OR
PRACTICE OF DESIGNING, CONSTRUCTING, ERECTING,  INSTALLING,  INSPECTING,
TESTING,  REPAIRING,  ALTERING,  MAINTAINING,  OR  SERVICING CONVEYANCES
COVERED BY THIS ARTICLE;
  (C) THE APPROXIMATE NUMBER OF PERSONS, IF ANY, TO BE EMPLOYED  BY  THE
APPLICANT FOR AN ELEVATOR CONTRACTOR'S LICENSE;
  (D)  EVIDENCE  THAT  THE  APPLICANT  IS  OR WILL BE COVERED BY GENERAL
LIABILITY, PERSONAL INJURY AND PROPERTY DAMAGE INSURANCE; AND
  (E) ANY OTHER INFORMATION WHICH THE COMMISSIONER MAY REQUIRE.
  UPON APPROVAL OF AN APPLICATION FOR A LICENSE THE  COMMISSIONER  SHALL
ISSUE SUCH LICENSE WHICH SHALL BE VALID FOR TWO YEARS. THE FEES FOR SUCH
LICENSE AND RENEWAL THEREOF SHALL BE SET BY THE COMMISSIONER. ANY DENIAL
FOR SUCH APPLICATION SHALL SET FORTH THE REASONS THEREFOR.
  2.  APPLICATION FOR PERMITS. EVERY APPLICATION FOR A PERMIT UNDER THIS
ARTICLE SHALL INCLUDE PLANS AND SPECIFICATIONS STAMPED AND SIGNED  BY  A
PROFESSIONAL  ENGINEER  AND/OR AN ARCHITECT LICENSED PURSUANT TO ARTICLE
ONE HUNDRED FORTY-FIVE AND/OR ARTICLE ONE  HUNDRED  FORTY-SEVEN  OF  THE
EDUCATION  LAW.  EVERY APPLICATION FOR A PERMIT UNDER THIS ARTICLE SHALL
INCLUDE THE FOLLOWING:
  (A) COPIES OF THE  SPECIFICATIONS  AND  ACCURATELY  SCALED  AND  FULLY
DIMENSIONED  PLANS  SHOWING THE LOCATION OF THE INSTALLATION IN RELATION
TO THE PLANS AND ELEVATION OF THE BUILDING;
  (B) THE LOCATION OF  THE  MACHINERY  ROOM  AND  THE  EQUIPMENT  TO  BE
INSTALLED, RELOCATED OR ALTERED;

A. 4509--A                          8

  (C) ALL STRUCTURAL SUPPORTING MEMBERS THEREOF, INCLUDING FOUNDATIONS;
  (D)  A  LIST  OF  ALL  MATERIALS  TO  BE  EMPLOYED AND ALL LOADS TO BE
SUPPORTED AND CONVEYED;
  (E) ANY OTHER INFORMATION THAT THE COMMISSIONER MAY REQUIRE TO  ENSURE
THAT  SUCH PLANS AND SPECIFICATIONS ARE SUFFICIENTLY COMPLETE AND ILLUS-
TRATE ALL DETAILS OF CONSTRUCTION AND DESIGN;
  (F) ANY REQUIRED PERMITTING FEES, WHICH ARE  SUBJECT  TO  RETURN  UPON
DENIAL OF A PERMIT APPLICATION; AND
  (G)  THE  DEPARTMENT  SHALL  MAINTAIN  AND  PUBLISH  A REGISTRY OF ALL
LICENSED ELEVATOR MECHANICS, CONTRACTORS  AND  INSPECTORS,  WHICH  SHALL
LIST  AND  IDENTIFY,  ALL  LICENSED ELEVATOR MECHANICS, CONTRACTORS, AND
INSPECTORS DOING BUSINESS IN THIS STATE.  THE DEPARTMENT SHALL MAKE  THE
REGISTRY AVAILABLE ON ITS WEBSITE.
  UPON  APPROVAL  OF  AN APPLICATION FOR A PERMIT THE COMMISSIONER SHALL
ISSUE SUCH PERMIT. SUCH PERMIT SHALL STATE THE TIME BY  WHICH  THE  WORK
SHALL  COMMENCE AND ALSO WHEN SUCH PERMIT EXPIRES. IF AFTER THE WORK HAS
BEEN STARTED, WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIXTY DAYS,
OR SUCH SHORTER PERIOD OF TIME AS THE COMMISSIONER MAY  SPECIFY  AT  THE
TIME  THE PERMIT IS ISSUED, THE PERMIT SHALL EXPIRE.  UPON EXPIRATION OF
A PERMIT FOR WHICH WORK HAS NOT BEEN  COMPLETED,  THE  COMMISSIONER  MAY
EXTEND SUCH PERMIT.
  3.  LICENSING  AND PERMITTING EXEMPTIONS. WHENEVER AN EMERGENCY EXISTS
IN THIS STATE DUE TO A DISASTER  OR  ACT  OF  GOD,  WHICH  IMPERILS  THE
HEALTH,  SAFETY  OR  WELFARE OF AN INDIVIDUAL OR INDIVIDUALS AND PLACING
SUCH INDIVIDUAL OR INDIVIDUALS IN IMMINENT DANGER OF INJURY OR DEATH AND
THE NUMBER OF PERSONS IN THE STATE HOLDING LICENSES GRANTED BY THE BOARD
IS INSUFFICIENT TO COPE WITH SUCH EMERGENCY, ANY PERSON CERTIFIED  BY  A
LICENSED  ELEVATOR CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION OF DOCU-
MENTED EXPERIENCE AND EDUCATION TO PERFORM ELEVATOR WORK WITHOUT  DIRECT
AND  IMMEDIATE  SUPERVISION  SHALL SEEK AN EMERGENCY ELEVATOR MECHANIC'S
LICENSE FROM THE COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING
WORK REQUIRING A LICENSE.  THE COMMISSIONER SHALL ISSUE EMERGENCY ELEVA-
TOR MECHANIC'S LICENSES  TO  ADDRESS  THE  EMERGENCY  THAT  EXISTS.  THE
LICENSED  ELEVATOR  CONTRACTOR  SHALL FURNISH PROOF OF COMPETENCY AS THE
COMMISSIONER MAY REQUIRE. EACH SUCH LICENSE  SHALL  RECITE  THAT  IT  IS
VALID  FOR  A  PERIOD OF FIFTEEN DAYS FROM THE DATE THEREOF AND FOR SUCH
PARTICULAR ELEVATORS OR  GEOGRAPHICAL  AREAS  AS  THE  COMMISSIONER  MAY
DESIGNATE TO ADDRESS THE EMERGENCY SITUATION AND OTHERWISE SHALL ENTITLE
THE  LICENSEE  TO  THE  RIGHTS  AND PRIVILEGES OF AN ELEVATOR MECHANIC'S
LICENSE ISSUED IN THIS ARTICLE.  THE COMMISSIONER SHALL RENEW  AN  EMER-
GENCY  ELEVATOR  MECHANIC'S LICENSE DURING THE EXISTENCE OF AN EMERGENCY
AS NEEDED. NO FEE SHALL BE CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC'S
LICENSE OR RENEWAL THEREOF.
  4. RESTRICTED LICENSE. A RESTRICTED CLASS  OF  LIFT  MECHANIC  LICENSE
SHALL  BE  KNOWN  AS  "ACCESSIBILITY  TECHNICIAN". SUCH CLASS OF LICENSE
SHALL BE RESTRICTED TO PERFORMING WORK INVOLVING PLATFORM LIFTS  INCLUD-
ING  THOSE  INSTALLED  IN  PRIVATE  RESIDENCES  WHICH ARE COVERED BY THE
PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHANICAL ENGINEER)  CODES  AND
STANDARDS  A18.1-2005.  AN  APPLICANT  FOR SUCH RESTRICTED LICENSE SHALL
COMPLETE AN APPLICATION APPROVED BY THE BOARD AND SHALL  HAVE  AT  LEAST
THREE  YEARS  VERIFIED  WORK EXPERIENCE IN CONSTRUCTING, MAINTAINING AND
REPAIRING THOSE LIFTS COVERED BY ASME A18.1-2005 AND  SHALL  PROVIDE  TO
THE  COMMISSIONER A CERTIFICATE OF COMPLETION OF AN ACCESSIBILITY TRAIN-
ING PROGRAM FOR LIFTS UNDER THE SCOPE OF A18.1-2005 SUCH AS  THE  CERTI-
FIED  ACCESSIBILITY  TRAINING  PROVIDED  BY  THE NATIONAL ASSOCIATION OF

A. 4509--A                          9

ELEVATOR CONTRACTORS, OR AN EQUIVALENT PROGRAM AS DEEMED BY THE  DEPART-
MENT.
  §  954.  QUALIFICATIONS,  TRAINING  AND  CONTINUING  EDUCATION.  1. NO
LICENSE SHALL BE GRANTED TO ANY PERSON WHO HAS  NOT  PAID  THE  REQUIRED
APPLICATION  FEE  AND  DEMONSTRATED HIS OR HER QUALIFICATIONS AND ABILI-
TIES. APPLICANTS FOR A MECHANIC'S LICENSE MUST DEMONSTRATE  ONE  OF  THE
FOLLOWING QUALIFICATIONS:
  (A)   ACCEPTABLE   PROOF  THAT  HE  OR  SHE  HAS  WORKED  ON  ELEVATOR
CONSTRUCTION, MAINTENANCE OR REPAIR WITH  DIRECT  AND  IMMEDIATE  SUPER-
VISION IN THIS STATE FOR A PERIOD OF NOT LESS THAN FOUR YEARS IMMEDIATE-
LY  PRIOR  TO  THE  EFFECTIVE  DATE  OF THIS ARTICLE, PROVIDED THAT SUCH
APPLICANT SHALL FILE SUCH APPLICATION WITHIN ONE  YEAR  OF  RELEASE  AND
ACCESS TO THE LICENSING APPLICATION AS DEFINED IN THIS ARTICLE; OR
  (B) A CERTIFICATE OF SUCCESSFUL COMPLETION OF THE JOINT APPRENTICE AND
TRAINING  COMMITTEE  OF THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW, EE DIVI-
SION TRAINING PROGRAM OR AN APPRENTICESHIP PROGRAM FOR ELEVATOR  MECHAN-
ICS,  HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF THIS CHAPTER, AND
REGISTERED WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S.  DEPART-
MENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL; OR
  (C) INDUSTRY EDUCATIONAL PROGRAM, THE NATIONAL ASSOCIATION OF ELEVATOR
CONTRACTORS  (NAEC) CERTIFIED ELEVATOR TECHNICIAN (CET), OR THEIR EQUIV-
ALENT; OR
  (D) THE COMMISSIONER SHALL UPON APPLICATION AND  WITHOUT  EXAMINATION,
ISSUE  A  LICENSE  TO  ANY PERSON OVER THE AGE OF EIGHTEEN YEARS WHO HAS
BEEN DULY  LICENSED BY ANY OTHER STATE OF THE UNITED STATES TO ENGAGE IN
THE BUSINESS OF CONSTRUCTION, INSPECTION,  MAINTENANCE,  ALTERATION  AND
REPAIR  OF ELEVATORS AS VERIFIED BY CURRENT AND PREVIOUS EMPLOYERS, UPON
COMPLIANCE WITH STANDARDS AND REQUIREMENTS NOT LOWER, IN  THE  JUDGEMENT
OF  THE  COMMISSIONER  THAN THOSE OF THIS STATE, PROVIDED, HOWEVER, THAT
SUCH STATE EXTENDS THE SAME RECIPROCITY TO THE LICENSEES OF THIS  STATE.
SUCH APPLICATION SHALL BE ACCOMPANIED BY THE REQUIRED LICENSE FEE.
  2. APPLICANTS FOR AN ELEVATOR CONTRACTOR'S LICENSE MUST DEMONSTRATE TO
THE COMMISSIONER THAT SUCH ELEVATOR CONTRACTOR EMPLOYS LICENSED ELEVATOR
MECHANICS  WHO  PERFORM THE WORK DESCRIBED IN SECTION NINE HUNDRED FIFTY
OF THIS ARTICLE AND HAVE PROOF OF COMPLIANCE WITH THE INSURANCE REQUIRE-
MENTS SET FORTH IN PARAGRAPH (D) OF  SUBDIVISION  ONE  OF  SECTION  NINE
HUNDRED FIFTY-THREE OF THIS ARTICLE.
  3.  APPLICANTS FOR AN ELEVATOR INSPECTOR'S LICENSE MUST DEMONSTRATE TO
THE SATISFACTION OF  THE  COMMISSIONER  THAT  SUCH  APPLICANT  MEETS  OR
EXCEEDS  APPLICABLE  STANDARDS  SUCH  AS  A QUALIFIED ELEVATOR INSPECTOR
(QEI) OR ITS EQUIVALENT. PRIVATE ELEVATOR INSPECTORS SHALL MAINTAIN  THE
SAME INSURANCE REQUIREMENTS AS AN ELEVATOR CONTRACTOR.
  4.  (A)  THE  RENEWAL  OF ALL LICENSES GRANTED UNDER THE PROVISIONS OF
THIS SUBDIVISION SHALL BE CONDITIONED UPON THE SUBMISSION OF  A  CERTIF-
ICATE OF COMPLETION OF A COURSE DESIGNED TO ENSURE THE CONTINUING EDUCA-
TION OF LICENSEES ON NEW AND EXISTING NATIONAL, STATE, AND LOCAL CONVEY-
ANCES  CODES AND STANDARDS AND ON TECHNOLOGY AND TECHNICAL EDUCATION AND
WORKPLACE SAFETY. SUCH COURSE SHALL  CONSIST  OF  NOT  LESS  THAN  EIGHT
CONTACT HOURS (.8 CEU) ANNUALLY AND COMPLETED PRECEDING ANY SUCH LICENSE
RENEWAL.  THE  COMMISSIONER  SHALL ESTABLISH REQUIREMENTS FOR CONTINUING
EDUCATION AND TRAINING PROGRAMS, AND SHALL  APPROVE  SUCH  PROGRAMS,  AS
WELL  AS MAINTAIN A LIST OF APPROVED PROGRAMS WHICH SHALL BE MADE AVAIL-
ABLE TO LICENSE APPLICANTS, PERMIT APPLICANTS,  RENEWAL  APPLICANTS  AND
OTHER INTERESTED PARTIES UPON REQUEST. THE COMMISSIONER SHALL PROMULGATE
RULES  AND  REGULATIONS  SETTING FORTH THE CRITERIA FOR APPROVAL OF SUCH
PROGRAMS, THE PROCEDURES TO BE FOLLOWED IN APPLYING FOR  SUCH  APPROVAL,

A. 4509--A                         10

AND  OTHER RULES AND REGULATIONS AS THE COMMISSIONER DEEMS NECESSARY AND
PROPER TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  (B)  THE  COMMISSIONER  SHALL  ASSESS  A FEE FOR EACH TRAINING PROGRAM
COMPLETION  CERTIFICATE  AND  FOR  EACH   REFRESHER   TRAINING   PROGRAM
COMPLETION  CERTIFICATE  PROVIDED,  HOWEVER,  THAT IN NO EVENT SHALL THE
COST OF SUCH CERTIFICATES BE ASSESSED BY THE SPONSOR  OF  SUCH  TRAINING
PROGRAM AGAINST THE PARTICIPANTS.
  5.  THE  RENEWAL  OF ALL LICENSES GRANTED UNDER THE PROVISIONS OF THIS
SECTION SHALL BE CONDITIONED UPON THE SUBMISSION  OF  A  CERTIFICATE  OF
COMPLETION  OF  A  COURSE DESIGNED TO ENSURE THE CONTINUING EDUCATION OF
LICENSEES ON NEW AND EXISTING REGULATIONS OF THE DEPARTMENT. SUCH COURSE
SHALL CONSIST OF NOT LESS THAN EIGHT CONTACT HOURS (.8 CEU) OF  INSTRUC-
TION  THAT  SHALL  BE  ATTENDED AND COMPLETED ANNUALLY PRIOR TO ANY SUCH
LICENSE RENEWAL.
  THE COURSES SHALL BE TAUGHT  THROUGH  CONTINUING  EDUCATION  PROVIDERS
THAT MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ASSOCIATION SEMINARS, AND
LABOR TRAINING PROGRAMS OR PROGRAMS THAT DELIVER AN APPROVED APPRENTICE-
SHIP  AND  ARE  REGISTERED  WITH  THE  DEPARTMENT  OR THE NEW YORK STATE
APPRENTICESHIP TRAINING COUNCIL.  THE  COMMISSIONER  SHALL  APPROVE  THE
CONTINUING EDUCATION PROVIDERS. ALL INSTRUCTORS SHALL BE EXEMPT FROM THE
REQUIREMENTS OF THE PRECEDING PARAGRAPH WITH REGARD TO THEIR APPLICATION
FOR  LICENSE  RENEWAL  PROVIDED  THAT SUCH APPLICANT WAS QUALIFIED AS AN
INSTRUCTOR AT ANY TIME DURING THE ONE  YEAR  IMMEDIATELY  PRECEDING  THE
SCHEDULED DATE FOR SUCH RENEWAL.
  APPROVED  TRAINING  PROVIDERS SHALL KEEP UNIFORM RECORDS, FOR A PERIOD
OF SIX YEARS, OF ATTENDANCE OF LICENSEES FOLLOWING A FORMAT APPROVED  BY
THE  COMMISSIONER  AND SUCH RECORDS SHALL BE AVAILABLE FOR INSPECTION BY
THE COMMISSIONER AT HIS OR HER REQUEST.    APPROVED  TRAINING  PROVIDERS
SHALL  BE  RESPONSIBLE  FOR  THE  SECURITY OF ALL ATTENDANCE RECORDS AND
CERTIFICATES OF COMPLETION; PROVIDED, HOWEVER, THAT FALSIFYING OR  KNOW-
INGLY  ALLOWING  ANOTHER  TO  FALSIFY SUCH ATTENDANCE RECORDS OR CERTIF-
ICATES OF COMPLETION SHALL CONSTITUTE GROUNDS FOR SUSPENSION OR  REVOCA-
TION OF THE APPROVAL REQUIRED UNDER THIS SECTION.
  § 955. POWERS OF THE COMMISSIONER.  1. THE COMMISSIONER SHALL HAVE THE
AUTHORITY  TO  INSPECT,  OR  CAUSE TO BE INSPECTED, ONGOING OR COMPLETED
CONVEYANCES PROJECTS AND TO CONDUCT AN INVESTIGATION  THEREOF  UPON  THE
COMMISSIONER'S  OWN  INITIATION  OR  UPON  RECEIPT OF A COMPLAINT BY ANY
PERSON OR ENTITY. HOWEVER, NOTHING IN THIS SUBDIVISION SHALL PERMIT  THE
COMMISSIONER TO ENTER A PRIVATE RESIDENCE.
  2.  IF, UPON RECEIPT OF A COMPLAINT ALLEGING A VIOLATION OF THIS ARTI-
CLE, THE COMMISSIONER REASONABLY BELIEVES THAT SUCH VIOLATION EXISTS, HE
OR SHE SHALL INVESTIGATE AS SOON AS PRACTICABLE  TO  DETERMINE  IF  SUCH
VIOLATION  EXISTS.  IF  THE COMMISSIONER DETERMINES THAT NO VIOLATION OR
DANGER EXISTS, THE COMMISSIONER SHALL INFORM THE COMPLAINING  PERSON  OR
ENTITY.
  3.  IF,  UPON  INVESTIGATION,  THE  COMMISSIONER  DETERMINES  THAT THE
ALLEGED VIOLATION EXISTS, THE COMMISSIONER MAY DELIVER TO SUCH OWNER  OR
ELEVATOR  CONTRACTOR  OR  HIS  OR  HER AGENT OR REPRESENTATIVE A WRITTEN
ORDER TO CURE SUCH VIOLATION AND MAY ORDER THAT THEIR PERMIT TO WORK  ON
SUCH  INSTALLATION,  REPAIR  OR  MAINTENANCE  PROJECT SHALL BE SUSPENDED
UNTIL SUCH VIOLATION IS CURED. SUCH ORDER SHALL  SPECIFICALLY  ENUMERATE
THE  VIOLATIONS WHICH CONSTITUTE THE BASIS OF THE ORDER TO CURE OR ORDER
OF SUSPENSION AND SHALL SPECIFY THE CORRECTIVE ACTION TO BE  TAKEN.  THE
COMMISSIONER MAY ALLOW THE PERMIT TO TOLL DURING THE TIME OF SUCH ORDER.
  4.  UPON  RECEIPT OF A WRITTEN NOTICE FROM THE ELEVATOR CONTRACTOR, OR
HIS OR HER  AGENT  OR  REPRESENTATIVE,  THAT  SUCH  VIOLATION  HAS  BEEN

A. 4509--A                         11

CORRECTED,  THE  COMMISSIONER  SHALL,  WITHIN TEN DAYS, ISSUE A DETERMI-
NATION AS TO WHETHER SUCH ORDER TO CURE  HAS  BEEN  SATISFIED  AND  SUCH
ORDER OF SUSPENSION, IF ANY, SHALL BE LIFTED. IF THE COMMISSIONER DETER-
MINES  THAT  THE  ORDER  TO  CURE  HAS  NOT BEEN SATISFIED HE OR SHE MAY
CONTINUE SUCH ORDER FOR A REASONABLE PERIOD OF TIME UPON THE CONSENT  OF
THE  CONTRACTOR,  OR  HIS OR HER AGENT OR REPRESENTATIVE. IF THE COMMIS-
SIONER DOES NOT CONTINUE THE ORDER, OR IF THE CONTRACTOR, OR HIS OR  HER
AGENT  OR  REPRESENTATIVE  DOES  NOT  CONSENT  TO SUCH CONTINUATION, THE
CONTRACTOR SHALL HAVE THE RIGHT TO A HEARING TO DETERMINE IF SUCH  ORDER
SHALL  BE LIFTED. ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED
BY A NOTICE, SUSPENSION, OR DETERMINATION ISSUED UNDER THIS SECTION  MAY
COMMENCE  A  PROCEEDING  PURSUANT  TO ARTICLE SEVENTY-EIGHT OF THE CIVIL
PRACTICE LAW AND RULES.
  5. THE COMMISSIONER MAY, AFTER A NOTICE AND HEARING, SUSPEND OR REVOKE
A LICENSE ISSUED UNDER THIS  ARTICLE  BASED  ON  ANY  OF  THE  FOLLOWING
VIOLATIONS:
  (A) ANY FALSE STATEMENT AS TO A MATERIAL MATTER IN THE APPLICATION;
  (B) FRAUD, OR MISREPRESENTATION, IN SECURING A LICENSE;
  (C)  FAILURE  TO  NOTIFY THE COMMISSIONER AND THE OWNER OR LESSEE OF A
CONVEYANCE OF ANY CONDITION NOT IN COMPLIANCE WITH THIS ARTICLE;
  (D) A VIOLATION OF SECTION NINE HUNDRED FIFTY-TWO OF THIS ARTICLE; OR
  (E) A FINDING BY THE COMMISSIONER THAT A CONTRACTOR HAS VIOLATED  THIS
ARTICLE  OR ANY RULE OR REGULATION PROMULGATED THEREUNDER TWICE WITHIN A
PERIOD OF THREE YEARS, OR THAT A CONTRACTOR HAS VIOLATED A PROVISION  OF
THIS  ARTICLE  AND  SUCH  VIOLATION  RESULTED IN A SERIOUS THREAT TO THE
HEALTH OR SAFETY OF AN INDIVIDUAL OR INDIVIDUALS. THE COMMISSIONER  MAY,
IN  ADDITION  TO ORDERING THAT SUCH CONTRACTOR'S LICENSE BE REVOKED, BAR
SUCH INDIVIDUAL FROM BEING ELIGIBLE TO REAPPLY FOR SUCH  LICENSE  FOR  A
PERIOD NOT TO EXCEED TWO YEARS.
  6.  THE  COMMISSIONER  MAY,  AFTER NOTICE AND HEARING, REVOKE A PERMIT
ISSUED UNDER THIS ARTICLE BASED ON ANY OF THE FOLLOWING VIOLATIONS:
  (A) ANY FALSE STATEMENTS OR MISREPRESENTATION AS TO A MATERIAL FACT IN
THE APPLICATION, PLANS, OR SPECIFICATIONS ON WHICH THE PERMIT WAS BASED;
  (B) ANY APPLICATION WHICH BY OMISSION OR MISTAKE FAILS TO COMPLY  WITH
THE REQUIREMENTS OF THIS ARTICLE;
  (C)  ANY  FAILURE TO PERFORM WORK IN ACCORDANCE WITH THE PROVISIONS OF
THE APPLICATION, PLANS OR SPECIFICATIONS OR  WITH  THE  REQUIREMENTS  OF
THIS ARTICLE OR CONDITIONS OF THE PERMIT;
  (D)  A  FAILURE BY THE OWNER OR ELEVATOR CONTRACTOR TO WHOM THE PERMIT
WAS ISSUED TO COMPLY WITH AN ORDER ISSUED PURSUANT TO  SUBDIVISION  FOUR
OF THIS SECTION; OR
  (E) A FINDING BY THE COMMISSIONER THAT AN INDIVIDUAL OR CONTRACTOR WHO
HAS  BEEN  ISSUED A PERMIT HAS VIOLATED ANY PROVISION UNDER SECTION NINE
HUNDRED FIFTY-TWO OF THIS ARTICLE.
  7. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, IF THE
COMMISSIONER FINDS, AFTER NOTICE AND HEARING,  THAT  AN  INDIVIDUAL  HAS
VIOLATED  ANY  PROVISION  OF  THIS ARTICLE, HE OR SHE MAY IMPOSE A CIVIL
PENALTY NOT TO EXCEED ONE THOUSAND DOLLARS FOR EACH SUCH VIOLATION. UPON
A SECOND OR SUBSEQUENT VIOLATION WITHIN THREE YEARS OF THE DETERMINATION
OF A PRIOR VIOLATION, THE COMMISSIONER MAY IMPOSE A CIVIL PENALTY NOT TO
EXCEED TWO THOUSAND DOLLARS.
  (B) THE PENALTY PROVIDED FOR IN PARAGRAPH (A) OF THIS SUBDIVISION  MAY
BE  INCREASED  TO  AN  AMOUNT NOT TO EXCEED FIVE THOUSAND DOLLARS IF THE
VIOLATION RESULTED IN A SERIOUS THREAT TO THE HEALTH  OR  SAFETY  OF  AN
INDIVIDUAL OR INDIVIDUALS.

A. 4509--A                         12

  8.  ANY ENTITY OR CONTRACTOR WHO MAY BE ADVERSELY AFFECTED BY AN ORDER
ISSUED UNDER THIS SECTION MAY COMMENCE A PROCEEDING PURSUANT TO  ARTICLE
SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
  9. THE COMMISSIONER MAY BRING AN ACTION IN A COURT OF COMPETENT JURIS-
DICTION TO ENJOIN ANY CONDUCT THAT VIOLATES THE PROVISIONS OF THIS ARTI-
CLE.
  10. THE COMMISSIONER MAY PROMULGATE RULES AND REGULATIONS NECESSARY TO
CARRY OUT AND EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
  §  956.  NEW  YORK  STATE  ELEVATOR  SAFETY AND STANDARDS BOARD. 1. AN
ELEVATOR SAFETY AND STANDARDS BOARD IS HEREBY  CREATED,  TO  CONSIST  OF
NINE  MEMBERS.  THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND
THE SPEAKER OF THE ASSEMBLY SHALL EACH APPOINT THREE MEMBERS. THE GOVER-
NOR'S APPOINTEES SHALL BE COMPRISED  OF  A  REPRESENTATIVE  OF  A  MAJOR
ELEVATOR  MANUFACTURING  COMPANY,  AN  ELEVATOR INSPECTOR AND A BUILDING
OWNER,  MANAGER  OR  REPRESENTATIVE;  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE'S APPOINTEES SHALL BE COMPRISED OF AN ELEVATOR SERVICING COMPANY,
AN ELEVATOR ARCHITECTURAL DESIGNER OR CONSULTANT, AND AN INDIVIDUAL FROM
AN ELEVATOR INDUSTRY ASSOCIATION; THE SPEAKER OF THE ASSEMBLY'S APPOINT-
EES  SHALL  BE COMPRISED OF AN ELEVATOR CONTRACTOR EMPLOYEE LABOR UNION,
AN ELEVATOR MECHANIC, AND A FIRE MARSHAL. THE COMMISSIONERS  OF  HEALTH,
LABOR,  EDUCATION,  AND ECONOMIC DEVELOPMENT OR THEIR DESIGNEES SHALL BE
EX-OFFICIO MEMBERS. THE BOARD SHALL MEET ON AN AS NEEDED BASIS TO ADVISE
THE COMMISSIONER ON THE IMPLEMENTATION OF THIS ARTICLE. THE BOARD  SHALL
ELECT  A  CHAIRPERSON  TO SERVE FOR THE TERM OF THEIR APPOINTMENT TO THE
BOARD.  THE BOARD SHALL PREPARE AN ANNUAL REPORT FOR  THE  GOVERNOR  AND
THE  LEGISLATURE,  COPIES OF WHICH SHALL BE SENT TO THE COMMISSIONERS OF
HEALTH, EDUCATION, ECONOMIC DEVELOPMENT, AND LABOR.
  2. THE FIRST MEMBER APPOINTED BY THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY SHALL HAVE A TERM OF  ONE
YEAR; THE SECOND MEMBER APPOINTED BY EACH SHALL HAVE A TERM OF TWO YEARS
AND THE REMAINING MEMBERS SHALL HAVE A TERM OF THREE YEARS. EACH OF SUCH
APPOINTED  MEMBERS  SHALL HOLD OFFICE FOR THE TERM FOR WHICH SUCH MEMBER
WAS APPOINTED AND UNTIL HIS OR HER SUCCESSOR SHALL HAVE  BEEN  APPOINTED
OR  UNTIL  HE  OR SHE SHALL RESIGN.  THE TERM OF OFFICE OF ALL SUCCESSOR
MEMBERS SHALL BE THREE YEARS. THE MEMBERS SHALL SERVE WITHOUT SALARY  OR
COMPENSATION, BUT SHALL BE REIMBURSED FOR NECESSARY EXPENSES INCURRED IN
THE PERFORMANCE OF THEIR DUTIES.
  3.  THE  BOARD  MAY CONSULT WITH ENGINEERING AUTHORITIES AND ORGANIZA-
TIONS CONCERNED  WITH  STANDARD  SAFETY  CODES,  RULES  AND  REGULATIONS
GOVERNING  THE MAINTENANCE, SERVICING, CONSTRUCTION, ALTERATION, INSTAL-
LATION, AND INSPECTION OF CONVEYANCES AND THE ADEQUATE, REASONABLE,  AND
NECESSARY QUALIFICATIONS OF ELEVATOR MECHANICS, CONTRACTORS, AND INSPEC-
TORS.
  4. THE DUTIES OF THE BOARD ARE AS FOLLOWS:
  (A)  ASSIST  THE  COMMISSIONER  AND THE DEPARTMENT IN ESTABLISHING THE
STATE REGULATIONS FOR EQUIPMENT COVERED BY THIS ARTICLE;
  (B) DEVELOP RECOMMENDATIONS FOR  AN  ENFORCEMENT  PROGRAM  WHICH  WILL
ENSURE  COMPLIANCE  WITH THE REGULATIONS AND REQUIREMENTS PROMULGATED BY
THE COMMISSIONER PURSUANT TO THIS ARTICLE;
  (C) ASSIST THE COMMISSIONER IN GRANTING EXCEPTIONS AND VARIANCES  FROM
THE  LITERAL  REQUIREMENTS  OF  THE APPLICABLE CODE AND STANDARDS, REGU-
LATIONS, AND LOCAL LEGISLATION, IN CASES WHERE SUCH VARIANCES WOULD  NOT
JEOPARDIZE THE PUBLIC SAFETY AND WELFARE;
  (D)  ASSIST  THE  COMMISSIONER  IN SETTING FEE SCHEDULES FOR LICENSES,
PERMITS, AND INSPECTIONS. THE FEES SHALL REFLECT THE  ACTUAL  COSTS  AND
EXPENSES TO CONDUCT THE DUTIES AS DESCRIBED IN THIS ARTICLE; AND

A. 4509--A                         13

  (E) ASSIST THE COMMISSIONER IN ANY AND ALL THINGS NECESSARY OR CONVEN-
IENT  TO THE COMMISSIONER'S DUTY TO CARRY OUT THE PURPOSES OF THIS ARTI-
CLE.
  § 957. EXEMPT PERSONS. THIS ARTICLE SHALL NOT BE CONSTRUED TO APPLY TO
THE  PRACTICE,  CONDUCT, ACTIVITIES, OR SERVICES BY A PERSON LICENSED TO
PRACTICE ARCHITECTURE WITHIN THIS STATE PURSUANT TO ARTICLE ONE  HUNDRED
FORTY-SEVEN OF THE EDUCATION LAW OR ENGINEERING WITHIN THIS STATE PURSU-
ANT TO ARTICLE ONE HUNDRED FORTY-FIVE OF THE EDUCATION LAW.
  §  2. The state finance law is amended by adding a new section 97-ssss
to read as follows:
  § 97-SSSS. ELEVATOR AND RELATED CONVEYANCES  SAFETY  PROGRAM  ACCOUNT.
1.  THERE  IS HEREBY ESTABLISHED IN THE CUSTODY OF THE STATE COMPTROLLER
THE ELEVATOR AND RELATED CONVEYANCES SAFETY PROGRAM ACCOUNT.
  2. SUCH FUND  SHALL  CONSIST  OF  MONEYS  COLLECTED  PURSUANT  TO  THE
PROVISIONS OF ARTICLE THIRTY-THREE OF THE LABOR LAW.
  3.  MONEYS OF THE FUND SHALL BE AVAILABLE TO THE COMMISSIONER OF LABOR
FOR PURPOSES OF OFFSETTING THE COSTS INCURRED  BY  THE  COMMISSIONER  OF
LABOR  FOR  THE ADMINISTRATION OF ARTICLE THIRTY-THREE OF THE LABOR LAW,
INCLUDING THE ADMINISTRATION OF ELEVATOR AND RELATED CONVEYANCES  SAFETY
PROGRAMS,  THE  ADMINISTRATION OF LICENSES AND PERMITS, AND THE ADMINIS-
TRATION OF CERTIFICATES OF OPERATION AS SET FORTH IN SUCH ARTICLE  THIR-
TY-THREE.
  4.  THE  MONEYS SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE COMPTROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER
OR HIS OR HER DESIGNEE.
  5. NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL OR  SPECIAL  LAW,  NO
MONEYS  SHALL  BE  AVAILABLE  FROM THE FUND UNTIL A CERTIFICATE OF ALLO-
CATION AND A SCHEDULE OF AMOUNTS TO BE  AVAILABLE  THEREFOR  SHALL  HAVE
BEEN  ISSUED  BY  THE DIRECTOR OF THE BUDGET, AND A COPY OF SUCH CERTIF-
ICATE FILED WITH THE COMPTROLLER. SUCH CERTIFICATE MAY BE  AMENDED  FROM
TIME  TO  TIME  BY  THE  DIRECTOR  OF THE BUDGET AND A COPY OF EACH SUCH
AMENDMENT SHALL BE FILED WITH THE COMPTROLLER.
  § 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any  rules  or  regulations
necessary  for the implementation of this act on its effective date, and
the appointment of the New York  state  elevator  safety  and  standards
board, are authorized and directed to be established, made and completed
on or before such effective date.

                                 PART B

  Section  1.  The  undesignated  paragraph  subtitled "private elevator
inspection agency" of section 28-401.3 of the administrative code of the
city of New York is REPEALED and three new undesignated  paragraphs  are
added  following the undesignated paragraph subtitled "direct employ" to
read as follows:
  ELEVATOR AGENCY. AN APPROVED AGENCY AUTHORIZED BY THE COMMISSIONER  TO
PERFORM  ELEVATOR WORK AND TO INSPECT AND TEST ELEVATORS, ESCALATORS AND
OTHER CONVEYING EQUIPMENT REGULATED BY THIS CODE.
  ELEVATOR AGENCY HELPER. AN INDIVIDUAL HAVING  REQUIRED  QUALIFICATIONS
TO  PERFORM  ELEVATOR WORK, AS DEFINED IN THIS CHAPTER, UNDER THE DIRECT
AND CONTINUING SUPERVISION OF AN ELEVATOR AGENCY DIRECTOR,  AND  IN  THE
PRESENCE OF A LICENSED ELEVATOR AGENCY TECHNICIAN.
  ELEVATOR   WORK.   ALTERATION,  ASSEMBLY,  INSTALLATION,  MAINTENANCE,
REPAIR, REPLACEMENT AND MODERNIZATION WORK, AS DEFINED BY ASME A17.1  AS

A. 4509--A                         14

MODIFIED  BY APPENDIX K OF THE NEW YORK CITY BUILDING CODE, PERFORMED ON
CONVEYANCES REGULATED BY THIS CODE OR OTHER APPLICABLE  LAWS  OR  RULES.
ELEVATOR  WORK  DOES  NOT INCLUDE MATERIAL HOISTS, PLATFORM LIFTS, STAIR
CHAIR LIFTS, OR PERSONNEL HOISTS.
  §  2. Articles 421 and 422 of chapter 4 of title 28 of the administra-
tive code of the city of New York, as added by section 91 of part  A  of
local  law  number  141  of  the city of New York for the year 2013, are
amended to read as follows:
                               ARTICLE 421
         [PRIVATE] ELEVATOR [INSPECTION] AGENCY DIRECTOR LICENSE
  § 28-421.1 [Private  elevator  inspection]  ELEVATOR  agency  director
license  required.    [Only private elevator inspection agencies may] IT
SHALL BE UNLAWFUL TO PERFORM ELEVATOR WORK AS DEFINED BY THIS CHAPTER OR
perform and/or witness inspections and tests  or  enter  into  contracts
pursuant to article 304 of chapter 3 of this code UNLESS LICENSED PURSU-
ANT  TO  THIS  ARTICLE.  Each [such] ELEVATOR agency shall designate one
director in responsible charge who shall be licensed  pursuant  to  this
article.  The  designated director in responsible charge shall be in the
direct employ of the agency and shall supervise all  the  operations  of
the  agency. ALL ELEVATOR WORK SHALL BE PERFORMED BY INDIVIDUALS WHO ARE
UNDER THE DIRECT AND  CONTINUING  SUPERVISION  OF  THE  ELEVATOR  AGENCY
DIRECTOR  AS  DEFINED  IN SECTION 28-401.3 OF THIS CHAPTER. All ELEVATOR
work performed by such agency pursuant to article 304 of  chapter  3  of
this  code  shall  be  performed  by  or under the direct and continuing
supervision of the designated director in responsible charge.
  § 28-421.1.1 Additional  directors.  In  addition  to  the  designated
director in responsible charge, the agency may have other individuals in
its  employ  who  may  be  issued [private] elevator [inspection] agency
director licenses pursuant to this article. [Notwithstanding  any  other
provision of this chapter, such individuals may only perform inspections
or  other  work  pursuant to article 304 of chapter 3 of this code under
the direct and continuing supervision  of  the  designated  director  in
responsible charge.]
  §  28-421.2 Qualifications. All applicants for [a private] AN elevator
[inspection] agency director license  shall  submit  satisfactory  proof
establishing that the applicant HAS SATISFACTORILY COMPLETED, WITHIN TWO
YEARS PRIOR TO THE DATE OF APPLICATION, A COURSE THAT IS AT LEAST THIRTY
HOURS  IN  LENGTH  AND APPROVED BY THE UNITED STATES DEPARTMENT OF LABOR
AND THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN GENERAL  INDUS-
TRY TRAINING; AND ALSO SATISFIES ONE OF THE FOLLOWING:
  1.  Has  at least ten years of practical experience in the supervision
of the assembly, installation, maintenance, repair, design or inspection
of elevators within the fifteen years prior to application; or
  2. Is an engineer or architect and has at least five years  experience
in  the  supervision of the assembly, installation, maintenance, repair,
REVIEW AND APPROVAL OF design DOCUMENTS or inspection of elevators with-
in the seven years prior to application.
  § 28-421.3 [Director restriction] RESTRICTION.  Each [private]  eleva-
tor  [inspection]  agency  director shall SUPERVISE AND perform ELEVATOR
work OR INSPECTIONS AND TESTS pursuant to article 304 of  chapter  3  of
this code for only one [private] elevator [inspection] agency, and shall
not  inspect  and/or  test elevators or PERFORM ELEVATOR WORK ON related
devices as an inspector [or], director OR ELEVATOR AGENCY HELPER for any
other [private] elevator [inspection] agency.

A. 4509--A                         15

  § 28-421.4  Place  of  business.  Every  licensed  [private]  elevator
[inspection]  agency  shall  have a place of business within the city IN
CONFORMANCE WITH DEPARTMENT RULES AND REGULATIONS.
                               ARTICLE 422
        [PRIVATE] ELEVATOR [INSPECTION] AGENCY INSPECTOR LICENSE
  §  28-422.1  [Private  elevator  inspection  agency]  ELEVATOR  AGENCY
inspector license required.  [Individuals who] IT SHALL BE  UNLAWFUL  TO
witness and/or perform inspections and tests on behalf of [a private] AN
elevator  [inspection]  agency  pursuant  to article 304 of chapter 3 of
this code [shall be] UNLESS licensed pursuant to this article.  Licensed
inspectors shall perform such  work  under  the  direct  and  continuing
supervision  of  a  designated  director  in responsible charge licensed
pursuant to article 421 of this chapter.
  § 28-422.2 Qualifications. [Applicants] ALL APPLICANTS for [a private]
AN elevator agency inspector license  shall  submit  satisfactory  proof
establishing that the applicant HAS SATISFACTORILY COMPLETED, WITHIN TWO
YEARS  PRIOR  TO  THE DATE OF APPLICATION, A COURSE THAT IS AT LEAST TEN
HOURS IN LENGTH AND APPROVED BY THE UNITED STATES  DEPARTMENT  OF  LABOR
AND  THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUS-
TRY STANDARDS; AND ALSO SATISFIES THE FOLLOWING:
  1. Has at least seven years of practical experience in the  [assembly,
installation,  repair,  design,  or]  inspection  of elevators, or as an
elevator mechanic within the ten years prior to application.
  § 28-422.3 [Inspector restriction] RESTRICTION. Each [private]  eleva-
tor [inspection] agency inspector shall perform work pursuant to article
304  of  chapter  3  of  this  code  for  only  one  [private]  elevator
[inspection] agency, and shall not witness  and/or  perform  inspections
and/or  test elevators or related devices as an inspector, TECHNICIAN or
director for any other [private] elevator [inspection] agency.
  § 3. Chapter 4 of title 28 of the administrative code of the  city  of
New  York  is  amended  by adding three new articles 425, 426 and 427 to
read as follows:
                               ARTICLE 425
                   ELEVATOR AGENCY TECHNICIAN LICENSE
  § 28-425.1 ELEVATOR AGENCY TECHNICIAN LICENSE REQUIRED.  IT  SHALL  BE
UNLAWFUL  TO  PERFORM  ELEVATOR  WORK AS DEFINED IN THIS CHAPTER, UNLESS
THAT WORK IS PERFORMED BY OR UNDER THE DIRECTION OF AN  ELEVATOR  AGENCY
TECHNICIAN  AND  UNDER  THE  SUPERVISION  OF A DESIGNATED DIRECTOR OF AN
ELEVATOR AGENCY LICENSED PURSUANT TO ARTICLE 421 OF THIS CHAPTER.
  § 28-425.2 RESTRICTED ELEVATOR AGENCY TECHNICIAN LICENSE. A RESTRICTED
CLASS OF LIFT MECHANIC LICENSE SHALL BE KNOWN AS "ACCESSIBILITY  TECHNI-
CIAN".  SUCH  CLASS  OF  LICENSE  SHALL BE RESTRICTED TO PERFORMING WORK
INVOLVING PLATFORM LIFTS INCLUDING THOSE INSTALLED IN PRIVATE RESIDENCES
WHICH ARE COVERED BY THE PROVISIONS OF ASME (AMERICAN SOCIETY OF MECHAN-
ICAL ENGINEERS) CODES AND STANDARDS A18.1-2005. AN  APPLICANT  FOR  SUCH
RESTRICTED  LICENSE  SHALL COMPLETE AN APPLICATION APPROVED BY THE BOARD
AND SHALL  HAVE  AT  LEAST  THREE  YEARS  VERIFIED  WORK  EXPERIENCE  IN
CONSTRUCTING,  MAINTAINING  AND  REPAIRING  THOSE  LIFTS COVERED BY ASME
A18.1-2005 AND SHALL  PROVIDE  TO  THE  COMMISSIONER  A  CERTIFICATE  OF
COMPLETION  OF  AN  ACCESSIBILITY  TRAINING  PROGRAM FOR LIFTS UNDER THE
SCOPE  OF  A18.1-2005  SUCH  AS  THE  CERTIFIED  ACCESSIBILITY  TRAINING
PROVIDED  BY  THE  NATIONAL  ASSOCIATION  OF ELEVATOR CONTRACTORS, OR AN
EQUIVALENT PROGRAM AS DEEMED BY THE DEPARTMENT.
  § 28-425.3 QUALIFICATIONS. ALL APPLICANTS FOR AN ELEVATOR AGENCY TECH-
NICIAN'S LICENSE SHALL SUBMIT SATISFACTORY PROOF ESTABLISHING  THAT  THE
APPLICANT  HAS  SATISFACTORILY  COMPLETED, WITHIN TWO YEARS PRIOR TO THE

A. 4509--A                         16

DATE OF APPLICATION, A COURSE THAT IS AT LEAST TEN HOURS IN  LENGTH  AND
APPROVED  BY  THE UNITED STATES DEPARTMENT OF LABOR AND THE OCCUPATIONAL
SAFETY AND HEALTH ADMINISTRATION IN GENERAL INDUSTRY TRAINING; AND  ALSO
SATISFIES ONE OF THE FOLLOWING QUALIFICATIONS:
  1.   ACCEPTABLE   PROOF   THAT  HE  OR  SHE  HAS  WORKED  ON  ELEVATOR
CONSTRUCTION, MAINTENANCE OR REPAIR WITH  DIRECT  AND  IMMEDIATE  SUPER-
VISION IN THIS STATE FOR A PERIOD OF NOT LESS THAN FOUR YEARS IMMEDIATE-
LY  PRIOR  TO  THE  EFFECTIVE  DATE  OF THIS ARTICLE, PROVIDED THAT SUCH
APPLICANT SHALL FILE SUCH APPLICATION WITHIN ONE  YEAR  OF  RELEASE  AND
ACCESS TO THE LICENSING APPLICATION AS DEFINED IN THIS ARTICLE; OR
  2.  SUCCESSFUL COMPLETION OF A TRAINING PROGRAM OF AT LEAST FOUR YEARS
FOR ELEVATOR MAINTENANCE, INSTALLATION OR REPAIR,  REGISTERED  WITH  THE
BUREAU OF APPRENTICESHIP AND TRAINING, UNITED STATES DEPARTMENT OF LABOR
OR A NEW YORK STATE APPRENTICESHIP COUNCIL, INCLUDING BUT NOT LIMITED TO
THE NATIONAL ELEVATOR INDUSTRY ELEVATOR EDUCATIONAL PROGRAM; OR
  3. A CERTIFICATE OF SUCCESSFUL COMPLETION AND SUCCESSFULLY PASSING THE
MECHANIC EXAMINATION OF A NATIONALLY RECOGNIZED TRAINING PROGRAM FOR THE
ELEVATOR  INDUSTRY  INCLUDING, BUT NOT LIMITED TO, THE NATIONAL ELEVATOR
INDUSTRY EDUCATIONAL PROGRAM OR ITS EQUIVALENT; OR
  4. A CERTIFICATE OF SUCCESSFUL COMPLETION OF THE JOINT APPRENTICE  AND
TRAINING  COMMITTEE  OF THE ELEVATOR INDUSTRY OF LOCAL 3, IBEW, EE DIVI-
SION TRAINING PROGRAM OR AN APPRENTICESHIP PROGRAM FOR ELEVATOR  MECHAN-
ICS,  HAVING STANDARDS SUBSTANTIALLY EQUAL TO THOSE OF THIS CHAPTER, AND
REGISTERED WITH THE BUREAU OF APPRENTICESHIP AND TRAINING, U.S.  DEPART-
MENT OF LABOR OR A STATE APPRENTICESHIP COUNCIL.
  NO LICENSING FEES SHALL BE CHARGED TO ANY INDIVIDUAL WHO HOLDS  A  NEW
YORK STATE ELEVATOR MECHANICS LICENSE AND SEEKS A NEW YORK CITY ELEVATOR
TECHNICIANS LICENSE.

                               ARTICLE 426
                         ELEVATOR AGENCY HELPER
  § 28-426.1 QUALIFICATIONS.  THE  AGENCY MAY, BY RULE, ESTABLISH QUALI-
FICATIONS FOR ELEVATOR AGENCY HELPERS.

                               ARTICLE 427
                                 PERMITS

  § 28-427.1 APPLICATIONS AND PERMITS. ALL  APPLICATIONS/PERMITS  ISSUED
TO  ELEVATOR  CONTRACTORS  SHALL  APPEAR  ON THE DEPARTMENT OF BUILDINGS
WEBSITE WITHIN FORTY-EIGHT HOURS OF ISSUANCE. THE  INFORMATION  REQUIRED
TO  BE  PUBLISHED  MUST INCLUDE, AT A MINIMUM, THE DATE OF ISSUANCE, THE
WORK COVERED BY THE  PERMIT,  THE  ELEVATOR  CONTRACTOR  OR  CONTRACTORS
INVOLVED  AND  LOCATION AND TYPE OF WORK TO BE PERFORMED. THE DEPARTMENT
SHALL MAINTAIN AND PUBLISH A REGISTRY OF ALL  LICENSED  ELEVATOR  AGENCY
HELPERS, TECHNICIANS, AND INSPECTORS, WHICH SHALL LIST AND IDENTIFY, ALL
LICENSED  ELEVATOR  AGENCY  HELPERS,  TECHNICIANS, AND INSPECTORS, DOING
BUSINESS IN THE CITY OF NEW YORK. THE DEPARTMENT SHALL MAKE THE REGISTRY
AVAILABLE ON ITS WEBSITE.
  § 28-427.2 LICENSING AND PERMITTING EXEMPTIONS. WHENEVER AN  EMERGENCY
EXISTS IN THIS STATE DUE TO A DISASTER OR ACT OF GOD, WHICH IMPERILS THE
HEALTH,  SAFETY  OR  WELFARE OF AN INDIVIDUAL OR INDIVIDUALS AND PLACING
SUCH INDIVIDUAL OR INDIVIDUALS IN IMMINENT DANGER OF INJURY OR DEATH AND
THE NUMBER OF PERSONS IN THE STATE HOLDING LICENSES GRANTED BY THE BOARD
IS INSUFFICIENT TO COPE WITH SUCH EMERGENCY, ANY PERSON CERTIFIED  BY  A
LICENSED  ELEVATOR CONTRACTOR TO HAVE AN ACCEPTABLE COMBINATION OF DOCU-
MENTED EXPERIENCE AND EDUCATION TO PERFORM ELEVATOR WORK WITHOUT  DIRECT

A. 4509--A                         17

AND  IMMEDIATE  SUPERVISION  SHALL SEEK AN EMERGENCY ELEVATOR MECHANIC'S
LICENSE FROM THE COMMISSIONER WITHIN FIVE BUSINESS DAYS AFTER COMMENCING
WORK REQUIRING A LICENSE. THE COMMISSIONER SHALL ISSUE EMERGENCY  ELEVA-
TOR  MECHANIC'S  LICENSES  TO  ADDRESS  THE  EMERGENCY  THAT EXISTS. THE
LICENSED ELEVATOR CONTRACTOR SHALL FURNISH PROOF OF  COMPETENCY  AS  THE
COMMISSIONER  MAY  REQUIRE.  EACH  SUCH  LICENSE SHALL RECITE THAT IT IS
VALID FOR A PERIOD OF FIFTEEN DAYS FROM THE DATE THEREOF  AND  FOR  SUCH
PARTICULAR  ELEVATORS  OR  GEOGRAPHICAL  AREAS  AS  THE COMMISSIONER MAY
DESIGNATE TO ADDRESS THE  EMERGENCY  AND  OTHERWISE  SHALL  ENTITLE  THE
LICENSEE  TO THE RIGHTS AND PRIVILEGES OF AN ELEVATOR MECHANIC'S LICENSE
ISSUED IN THIS ARTICLE. THE COMMISSIONER SHALL RENEW AN EMERGENCY ELEVA-
TOR MECHANIC'S LICENSE DURING THE EXISTENCE OF AN EMERGENCY  AS  NEEDED.
NO FEE SHALL BE CHARGED FOR ANY EMERGENCY ELEVATOR MECHANIC'S LICENSE OR
RENEWAL THEREOF.
  § 28-427.3 LICENSE  RENEWAL. THE RENEWAL OF ALL LICENSES GRANTED UNDER
THE PROVISIONS OF THIS SECTION SHALL BE CONDITIONED UPON THE  SUBMISSION
OF  A  CERTIFICATE  OF  COMPLETION  OF  A  COURSE DESIGNED TO ENSURE THE
CONTINUING EDUCATION OF LICENSEES ON NEW AND EXISTING  NATIONAL,  STATE,
AND  LOCAL CONVEYANCES CODES AND STANDARDS AND ON TECHNOLOGY AND TECHNI-
CAL EDUCATION AND WORKPLACE SAFETY. SUCH COURSE  SHALL  CONSIST  OF  NOT
LESS  THAN EIGHT HOURS ANNUALLY AND COMPLETED PRECEDING ANY SUCH LICENSE
RENEWAL. THE COMMISSIONER SHALL ESTABLISH  REQUIREMENTS  FOR  CONTINUING
EDUCATION  AND  TRAINING  PROGRAMS,  AND SHALL APPROVE SUCH PROGRAMS, AS
WELL AS MAINTAIN A LIST OF APPROVED PROGRAMS, WHICH SHALL BE MADE AVAIL-
ABLE TO LICENSE APPLICANTS, PERMIT APPLICANTS,  RENEWAL  APPLICANTS  AND
OTHER INTERESTED PARTIES UPON REQUEST. THE COMMISSIONER SHALL PROMULGATE
RULES  AND  REGULATIONS  SETTING FORTH THE CRITERIA FOR APPROVAL OF SUCH
PROGRAMS, THE PROCEDURES TO BE FOLLOWED IN APPLYING FOR  SUCH  APPROVAL,
AND  OTHER RULES AND REGULATIONS AS THE COMMISSIONER DEEMS NECESSARY AND
PROPER TO EFFECTUATE THE PURPOSES OF THIS SECTION.
  THE RENEWAL OF ALL LICENSES  GRANTED  UNDER  THE  PROVISIONS  OF  THIS
SECTION  SHALL  BE  CONDITIONED  UPON THE SUBMISSION OF A CERTIFICATE OF
COMPLETION OF A COURSE DESIGNED TO ENSURE THE  CONTINUING  EDUCATION  OF
LICENSEES ON NEW AND EXISTING REGULATIONS OF THE DEPARTMENT. SUCH COURSE
SHALL  CONSIST OF NOT LESS THAN EIGHT HOURS OF INSTRUCTION THAT SHALL BE
ATTENDED AND COMPLETED ANNUALLY PRIOR TO ANY SUCH LICENSE RENEWAL.
  THE COURSES SHALL BE TAUGHT  THROUGH  CONTINUING  EDUCATION  PROVIDERS
THAT MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, ASSOCIATION SEMINARS, AND
LABOR TRAINING PROGRAMS OR PROGRAMS THAT DELIVER AN APPROVED APPRENTICE-
SHIP  AND  ARE  REGISTERED  WITH  THE  DEPARTMENT  OR THE NEW YORK STATE
APPRENTICESHIP TRAINING COUNCIL.  THE  COMMISSIONER  SHALL  APPROVE  THE
CONTINUING EDUCATION PROVIDERS.
  § 28-427.4 RENEWAL  FEES. THE COMMISSIONER SHALL ASSESS A FEE FOR EACH
TRAINING PROGRAM COMPLETION CERTIFICATE AND FOR EACH REFRESHER  TRAINING
PROGRAM  COMPLETION  CERTIFICATE,  PROVIDED,  HOWEVER,  THAT IN NO EVENT
SHALL THE COST OF SUCH CERTIFICATES BE ASSESSED BY THE SPONSOR  OF  SUCH
TRAINING PROGRAM AGAINST THE PARTICIPANTS.
  § 28-427.5 RECORDKEEPING.  ALL  INSTRUCTORS  SHALL  BE EXEMPT FROM THE
REQUIREMENTS OF THE PRECEDING SECTION WITH REGARD TO  THEIR  APPLICATION
FOR  LICENSE  RENEWAL  PROVIDED  THAT SUCH APPLICANT WAS QUALIFIED AS AN
INSTRUCTOR AT ANY TIME DURING THE ONE  YEAR  IMMEDIATELY  PRECEDING  THE
SCHEDULED  DATE FOR SUCH RENEWAL. APPROVED TRAINING PROVIDERS SHALL KEEP
UNIFORM RECORDS, FOR A PERIOD OF SIX YEARS, OF ATTENDANCE  OF  LICENSEES
FOLLOWING  A  FORMAT APPROVED BY THE COMMISSIONER AND SUCH RECORDS SHALL
BE AVAILABLE FOR INSPECTION BY THE COMMISSIONER AT HIS OR  HER  REQUEST.
APPROVED TRAINING PROVIDERS SHALL BE RESPONSIBLE FOR THE SECURITY OF ALL

A. 4509--A                         18

ATTENDANCE  RECORDS  AND  CERTIFICATES OF COMPLETION; PROVIDED, HOWEVER,
THAT FALSIFYING OR KNOWINGLY ALLOWING ANOTHER TO FALSIFY SUCH ATTENDANCE
RECORDS OR CERTIFICATES  OF  COMPLETION  SHALL  CONSTITUTE  GROUNDS  FOR
SUSPENSION OR REVOCATION OF THE APPROVAL REQUIRED UNDER THIS SECTION.
  § 28-427.6 EQUIVALENCY.  THE  COMMISSIONER  SHALL  ACCEPT  AN ELEVATOR
MECHANIC'S LICENSE ISSUED TO ANY PERSON OVER THE AGE OF  EIGHTEEN  YEARS
BY  THE STATE OF NEW YORK AS EQUIVALENT TO AN ELEVATOR AGENCY TECHNICIAN
LICENSE IN CITIES WITH POPULATIONS OF ONE MILLION MORE,  AS  DEFINED  IN
THIS  ARTICLE,  WITHOUT  EXAMINATION,  APPLICATION OR FEE, PROVIDED THAT
THEY REGISTER ANNUALLY WITH THE AGENCY.
  § 4. Section 28-304.6.1 of the administrative code of the city of  New
York, as amended by section 61 of part A of local law number 141 for the
year 2013, is amended to read as follows:
  §  28-304.6.1  Inspection  and testing entities. The required periodic
inspections in Table N1 shall be made by the department. The other tests
and inspections in Table N1 shall be performed on behalf of the owner by
an approved agency in accordance with this code  and  department  rules.
Where indicated in Table N1, tests and inspections shall be witnessed by
an  approved  agency not affiliated with the agency performing the test,
AND NOT AFFILIATED WITH THE AGENCY PERFORMING THE ELEVATOR  WORK.    Not
affiliated,  as  used  in  this  section, shall mean the approved agency
owners, directors and inspectors shall be independent  of  all  relative
approved  agencies,  maintenance  firms  or other entities providing any
associated  services  to  the  device  owner.  Such  other   tests   and
inspections shall comply with the timeframes established as follows:
  1. Category 1 inspections and tests shall be performed between January
1st  and  December  31st  of each year at a minimal time interval of six
months from the date of the previous  Category  1  testing.  Category  1
tests  are  required  on  new  installations the calendar year following
final acceptance test.
  2. Category 3 inspections and tests  for  water  hydraulics  shall  be
performed  every  three  years on or before the anniversary month of the
last Category 3 testing.
  3. Category 5 inspections and tests  shall  be  performed  every  five
years on or before the month of the final acceptance test for new eleva-
tors or the anniversary month of the last Category 5 testing.
  § 5. This act shall take effect three years after it shall have become
a  law.   Effective immediately, any rules and regulations necessary for
the timely implementation of this act on its  effective  date  shall  be
promulgated on or before such date.
  § 3. Severability clause. If any clause, sentence, paragraph, subdivi-
sion,  section  or  part  of  this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair,  or  invalidate  the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph,  subdivision,  section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the  legislature  that  this  act  would  have been enacted even if such
invalid provisions had not been included herein.
  § 4. This act shall take effect immediately  provided,  however,  that
the  applicable effective date of Parts A through B of this act shall be
as specifically set forth in the last section of such Parts.